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Validity of Exparty divorce in India, while a case already filed in US
05-Feb-2023 (In Divorce Law)
My brother 45 yrs nd his wife were US citizens. A divorce case filed in 2012 in US. He later, gave up US citizenship and now settled in a India for the past 7 years and is permanently settled here to support aging parents.He filed for exparty got a decree in India as his wife was not willing to give divorce and both of them do not want to continue martial relationship. nExparty in India granted Feb 27 2019. Notices prior to exparty case were sent to his wife , via email on which both communicate occasionally till date, as they share a 13 year old son. There is no response to notice shared via Indian case nor is she is willing to close the pending case in US.Meanwhile my brother getting an exparty decree apostled with a view to submit the same in US court, to close the US case asap.Indian Exparty decree clearly mentions - decision on maintenance and custody of child is not being dealt in the Indian decree. nGiven, above he wants to remarry. Can he do so basing Indian exparty decree?
Hello, he can still remarry a person to whom the divorced wife is presently and they both can withdraw US divorce proceedings. Because after marrying with each other again as per Indian laws they will get marital status. Also, if they don’t want to continue this marriage, they can mutually agree to get the order modified of court or judgement passed for the settlement of issues of maintenance and custody of child by filing application.
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Adv. Harshad Garud
Pune | 200+ Answers
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Your brother can potentially remarry based on the Indian ex-parte decree, but it's important to note that the divorce decree from India may not be recognized in the US and the US divorce case is still pending. As the US case is still open, the decision on maintenance and custody of the child has not been dealt with in the Indian decree, it would be best to consult with a legal professional in both India and the US to determine the best course of action and to ensure that all legal requirements are met.
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Adv. Jairam Chandnani
Mumbai | 100+ Answers
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How can an Indian Court pronounce a Divorce Decree in case of US Citizens requiring Divorce? You have not put the facts of your Brother's case in a truthful manner, it lacks several facts or the information which you have provided is incomplete, hence relying upon the half info which you have given, I can say : Indian Divorce Decree will not help a US Citizen to close his Divorce Case in US.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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K singh
Thank you for your response. My brother wants to marry again another person not his ex wife. Basing Indian exparty decree while the US case pending can he get married to another person
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